School Blames Gay Student for Being Bullied, Lawsuit Says
School administrators at I.S. 126Q in Long Island City, New York, accused a male student of making up harassment claims and being too open about his sexuality, according to a lawsuit filed by the boy's father, the New York Post reported.
Per the lawsuit, filed by the boy's adopted father, Jason Cianciotto, on Monday, other students reportedly called his son homophobic slurs and told him he would be damned to hell because of his "lifestyle." School administrators responded to the harassment by allegedly pointing the finger at the boy.
"School administrators accused the boy of either fabricating the harassment or bringing it on himself by being too 'open' about his sexuality, even telling the child he 'should learn to respect' some of the horrific comments slung at him by other kids as a 'difference of opinion,'" said the boy's family, the New York Post reports.
Cianciotto and his husband adopted their son in 2018. The boy survived a brain tumor and moved around multiple foster homes before finding a family with his two dads.
"It was devastating to hear my child say that they wanted to kill themselves because the bullying wouldn't stop. It's a horrific situation to be placed in," Cianciotto told the outlet.
Upon starting the sixth grade at I.S. 126Q Albert Shanker School for Visual & Performing Arts, the student came out to his classmates, who then turned to taunting him, according to Cianciotto's lawsuit. He also says the city Department of Education, the school principal, and other staffers conducted "half-hearted investigations" to deem many of his complaints "unfounded."
According to the outlet, "The family pulled the boy out of IS 126Q near the end of seventh grade in 2019. Because he had learning disabilities, they also asked for a hearing under the Individuals with Disabilities Education Act," the Post reports. "A hearing officer determined in 2020 that 'not only did the school fail to address the bullying' but a dean 'went so far as to blame the student for making himself a target of the bullying,' legal papers said."
Today, the boy is doing well at another nearby school that was like "night and day compared to IS 126," Cianciotto said.
Cianciotto's lawyer, David Lebowitz, stated discrimination is not tolerated on the basis of race or religion, and should not have been in this case. "The fact is that LGBT kids are no less deserving of protection. The school and DOE just fell down on the job here," he added.
The suit is seeking unspecified damages as the complaint is under review.